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Landlords & Tenants in Kansas

Tuesday, September 15th, 2009 | Kansas Legal Services

INTRODUCTION

This information discusses the typical residential landlord-tenant arrangement. It has five parts: the rental agreement; fair housing; living under the agreement; ending the agreement; and moving out.

The Kansas Residential Landlord Tenant Act sets out the law in Kansas, but you have additional rights if you own a mobile home or live in public housing.

ENTERING A LEASE

Before entering a lease or rental agreement, check with the other tenants about the landlord. The landlord's reputation is important.

A lease sets out the rights and duties of the landlord and tenant, subject to Kansas law. It is important to have the agreement in writing. Oral agreements are hard to prove and unpredictable. Before you sign a lease, fill in all the blanks in the agreement and be sure you understand it. MAKE SURE YOU GET A COPY!

A landlord can require a security deposit of one month's rent for an unfurnished place. For pets, the landlord may require an additional 1/2 month's rent deposit. The landlord may ask for a deposit to hold the place for you. If you do not move in you will lose the deposit. ALWAYS GET A RECEIPT!

Before you move in, inspect the premises. Be sure to record on paper the exact condition of the place. Also, note any repairs promised by the landlord. KEEP A COPY OF THE INSPECTION!

FAIR HOUSING IS YOUR RIGHT

You cannot be denied housing because of your:

  • Race or color
  • National origin
  • Religion
  • Sex
  • Familial status (having children under age 18)
  • Disability

The Fair Housing Act covers most housing, with only a few exemptions. Examples of prohibited acts include: the refusal to rent or sell housing; to set different terms and conditions; and failure to make reasonable modifications to the dwelling if you are disabled (at your expense), or put in policies for a disabled person to use the housing and reasonable accommodations.

If You Think Your Rights Have Been Violated

You have many options if you have been a victim of housing discrimination, and should act immediately.

  • Fill out a Housing Discrimination form

You may do this locally at:
Johnson County Housing Authority
9305 W. 74th
Shawnee Mission, KS 66204
(913) 432-2174

  • Call your local HUD enforcement center

TDD: 1-800-927-9257
Phone: 1-800-743-5323

  • Write HUD a letter with the following information:
  • Your name and address
  • Description and date of violation
  • Name and address of the accused

Fair Housing Center:
U.S. Department of HUD
Gateway Tower II
400 State Avenue, Room 200
Kansas City, KS 66101-2406

LIVING UNDER THE LEASE

Kansas law imposes Duties and Rights on both landlords and tenants. Either party may terminate the lease if the other fails to live up to their duties.

The landlord has duties to:

  • Put the tenant in possession of the premises.
  • Not retaliate for tenants' complaints or involvement in a tenants' association.
  • Abide by the rental agreement and Kansas Law.
  • Comply with health and safety codes.
  • Remove trash.
  • Supply running water and heat (tenant pays for).
  • Maintain major systems and appliances.
  • Make reasonable repairs when notified.
  • Supply name and address of agent.

The tenant has duties to:

  • Pay rent on time.
  • Keep premises clean (including trash).
  • Use system (gas, electric, etc.) properly.
  • Respect quiet enjoyment of other tenants.
  • Be responsible for damages.
  • Notify landlord if gone more than seven (7) days.
  • Permit landlord to enter when notified.
  • Abide by rental agreement and Kansas Law.

ENDING THE LEASE

A tenant may end a lease four ways:

  • The lease ends. The lease may require advance written notice you will not renew.
  • The tenant abandons the premises. This does not end the duty to pay rent. If notice is given the landlord must try to find a new renter. You may be liable for the term of the lease.
  • The tenant and landlord reach an agreement to end the lease. The duty to pay future rent would end.
  • The landlord has not fulfilled his duties. A 30-day written notice of intent to end lease because of the landlord's conduct is required. The notice must give 14 days to fix the problem. If it is fixed, the lease does not end. If the problem happens again only a 30-day notice is required.

ALWAYS GIVE WRITTEN NOTICE THAT YOU INTEND TO END OR NOT RENEW THE LEASE. KEEP A COPY FOR YOURSELF.

A landlord may end the lease two ways:

  • The tenant has not fulfilled his duties. A 30-day written notice of intent to end the lease is required. The notice must give 14 days to fix the problem. If it is fixed the lease does not end. If the problem happens again only a 30-day notice is required.
  • The tenant fails to pay rent. A 3-day written notice to pay is required. If the rent is not paid in three days the landlord may proceed to eviction. Eviction or possession of the premises requires the landlord to go to court. The landlord may also sue for rent owed and damages to the premises. The tenant may make a counterclaim for damages, but all counterclaims and defenses must be plead in writing and timely filed with the court to be effective.

The law does not permit a landlord to lock out, remove tenant's property, or turn off utilities without a court order. If this happens a tenant can recover possession and 1 1/2 month's rent or actual damages. Kansas Law provides that evictions can happen quickly. Do not hesitate to seek legal advice if you are threatened with eviction or have a problem with your landlord.

MOVING OUT

Be sure to give written notice as required by the lease. For an oral agreement, give written notice one full month before ending the tenancy. Tenants are liable for rent until the date given in the notice. Do not use a security deposit as last month's rent. The landlord does not have possession until the keys are surrendered.

When moving out, clean the premises. Complete a move out inspection with the landlord. Any difference between this inspection and move-in inspection can be deducted from the security deposit. Get a copy of the inspection.

If you leave any property behind, then the landlord may be able to keep it. The landlord must take certain steps and give notice as required by law before the property can be disposed of. The landlord cannot hold personal property because of an eviction order.

The landlord must return security deposits within 30 days of the termination of the lease. The landlord should provide an itemized statement of any deductions. If the landlord fails to return the deposit or provide a list of deductions, then the tenant can recover the amount wrongfully withheld and up to 1 1/2 times the amount wrongfully withheld.

This information was prepared by the staff of Kansas Legal Services, Inc.; a project funded by Legal Services Corp., the Area Agencies on Aging, the United Way, and U.S. Department of Housing and Urban Development.

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